Civil Writ Petition No. 17440 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Writ Petition No. 17440 of 2012

Date of Decision: 02.12.2013

General Manager, Haryana Roadways

.....Petitioner.

Versus

Neeta Sharma (LR) of deceased Dinesh Sharma and others

.....Respondents.

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. S.S.Goripuria, DAG, Haryana.

Mr. Amit Kainth, Advocate for

Mr. Gautam Bhardwaj, Advocate

for respondent No.1.

***

1.Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

RAMESHWAR SINGH MALIK J. (Oral)

Feeling aggrieved against the impugned award dated

10.10.2011 (Annexure P-5) passed by the learned Labour Court,

thereby directing reinstatement of the workman with continuity of

service and 50% back wages, petitioner-management has

approached this Court by way of instant writ petition under Article

226/227 of the Constitution of India, seeking a writ in the nature of

Certiorari for quashing the impugned award.

Facts first.

Kumar Amit

2013.12.09 10:33

I attest to the accuracy and

integrity of this document

Civil Writ Petition No. 17440 of 2012

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The deceased-workman, having been sponsored by the

concerned Employment exchange, was appointed as Ticket Verifier

with the petitioner-management w.e.f. 8.9.1978. Thereafter, he was

promoted as Conductor in the month of May, 1980, allotting him

number C-432, which was later on changed as C-225. It was the

pleaded case of the deceased-workman that right from the

beginning, he was assigned the job of Clerk in the office of General

Manager, Haryana Roadways, Gurgaon Depot. Work and conduct of

the workman remained unblemished throughout his service.

However, during the course of service, he was charge-sheeted for

remaining absent from duty. Domestic enquiry was conducted and

based on the enquiry report, his services were terminated.

Workman raised the industrial dispute. Conciliation

proceedings failed and thereafter, appropriate Government referred

the dispute to the learned Labour Court, for its adjudication. On

completion of the pleadings, parties led their respective evidence.

After hearing both the parties and going through the evidence

brought on record, the learned Labour Court exercised its power

under Section 11-A of the Industrial Disputes Act, 1947 ('ID Act' for

short) and recorded a finding that punishment awarded was

disproportionate to the charge levelled against the workman.

Reference was decided in favour of the workman by passing the

impugned award dated 10.10.2011 (Annexure P-5), directing

reinstatement of workman with continuity of service and 50% back

wages. Hence this writ petition at the hands of the management.

Notice of motion was issued, staying the operation of the

Kumar Amit

2013.12.09 10:33

I attest to the accuracy and

integrity of this document

Civil Writ Petition No. 17440 of 2012

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impugned award, subject to the compliance of Section 17-B of the ID

Act. However, as the luck would have it, not only the workman but

his only son also died in the meantime. Now, widow of the

deceased-workman is contesting this petition. Smt. Neeta Sharma-

wife of the petitioner has been brought on record as legal

representative of the deceased-workman, being the sole surviving

legal heir.

On 1.3.2013, following order was passed in the presence

of the learned counsel for the parties:-

Ms. Tanisha Peshwaria, DAG, Haryana

would seek instructions from the Secretary

Transport, Haryana whether there can be a

reconsideration on the matter having regard to the

length of service put in by the deceased-workman

from May 1980 to 23.3.2000 when his services

were terminated and whether in case the

termination order is substituted by any lesser

punishment the widow of